Town Board - December 19, 1984

A Regular Meeting of the Town Board of the Town of Orchard Park, Erie County, New York was held at the Municipal Building at Orchard Park, New York on the 19th day of December, 1984 at 8:00 P.M. EST and there were

PRESENT AT ROLL CALL:

E. B. Woodard Supervisor

J. J. Diggins Councilman

D. J. Mill Councilman

D. P. Curley Councilman

J. J. Mills Councilman

Betty K. Reukauf Town Clerk

L. Berkowitz Town Attorney

R. W. Sweet Building Inspector

R. C. Henning Police Chief

R. A. Geitter Supt. of Highways

ABSENT:

M. R. Merritt Engineer - Excused to take N.Y.S. AEMT Exam

The meeting was called to order by the Supervisor, and the Pledge of Allegiance was rendered.

APPROVING MINUTES: THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT: -

RESOLVED that the minutes of the Regular Meetings of the Town Board, held on 11/21/84

and 12/5/84, as presented by the Town Clerk, be and are hereby approved, and be it further

RESOLVED that the reading of these minutes be and is hereby dispensed with as each member of the Town Board had previously received copies thereof.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

New Business #1 - J. Bertsch, Big Tree Rd. - Rezone 350' from R-3 to I-1, Assembly Business.

1) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR WOODARD, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the request from Jack E. Bertsch, 5732 Big Tree Rd. (Hartmans Estate) to rezone the 350' deep R-3 frontage to I-1 to facilitate construction of light assembly business.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

(New Business #1 continued)

2) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY SUPERVISOR WOODARD, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to schedule a Public Hearing on January 16, 1985 at 8:15 P.M. EST in the matter of the adoption of an amendment to the Zoning Ordinance of the Town of Orchard Park to rezone the 350' deep R-3 frontage to I-1 at 5732 Big Tree Rd. (Hartmans Estate) as requested by Jack E. Bertsch, and be it further

RESOLVED that Town Clerk be and is hereby directed to publish due notice thereof.

New Business #2 - Gerber Children Center,Inc., Southwestern, Day Care Center, Concept.

3) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to refer to the Planning Board and Conservation Board the request from Gerber Children Center, Inc., 3121 Southwestern Blvd,., for concept approval to construct a Day Care Center.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Old Business #1 (not on Agenda) - Quakertown Auto Wash, N. Buffalo Rd., Storage Building.

4) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN MILL, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Town Board-be and is hereby authorized to approve the request from Quakertown Auto Wash, 3705 N. Buffalo Rd., for a Building Permit to build a 34'x72' storage building as recommended by the Planning Board 12/12/84, subject to the Engineer's approval and be it further

RESOLVED the Town Board does declare a negative SEQRA Declaration as recommended by the Planning Board.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

5) THE FOLLOWING RESOLUTION WAS OFFERED BY SUPERVISOR WOODARD, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve the following End of the Year Transfers as recommended by the Town Auditor:

Town-Outside Village Fund

To From

Code Description Amount Code Description

B3620.101 Salary Deputy Bldg. Inspector $ 200.00 B3620.475 Gas, Bldg. Inspection

B8010.400 Office Supplies, Zoning Board 200.00 B9010.810 State Retirement

B8010.138 Salary (1/2) Zoning Clerk 200.00 B9010.810 State Retirement

B8020.138 Salary (1/2) Planning Clerk 400.00 B9010.810 State Retirement

B8020.405 Office Supplies, Planning 600.00 B9010.810 State Retirement

B8020.415 Copy Machine, Planning Board 100.00 B9010.810 State Retirement

B8010.450 Publishing, Zoning Bd 725.00 48020.456 Professional Service

B8010.400 Office Supplies, Zoning Bd 250.00 B8020.456 Professional Service

Highway Fund

DA5110.170 Salary Laborers $10,000.00-- DA5110.472 Stone & Gravel

DA5110.170 Salary Laborers 2,750.00 DA5110.473 Ready Mix

DA5110.170 Salary Laborers 5,000.00 DA5110.440 Equipment Rentals

DA5110.170 Salary Laborers 4,000.00 DA5110.416 Gas and Oil

DA5110.170 Salary Laborers 2,200.00 DA5110.139 Salary Laborers P-T

DA5110.170 Salary Laborers 2,000.00 DA5130.170 Salary Laborers

DA5110.170 Salary Laborers 13,500.00 DA9010.810 State Retirement

DA5110.170 Salary Laborers 2,550.00 DB5120.100 Salary P-T Laborers

DA5140.170 Salary Laborers 16,000.00 DA5148.170 Salary Laborers

DA5142.170 Salary Laborers 2,000.00 DA5148.402 Supplies

DA5142.402 Supplies 5,000.00 DA5148.170 Salary Laborers

DA5110.407 Shoe Allowance 230.00 DA5110.139 Salary Laborers P-1

DA5130.419 Other Expenses 8,680.00 DA5148.170 Salary Laborers

DA5140.402 Supplies 500.00 DA5110.139 Salary Laborers P-1

DA5140.419 Other Expenses 1,000.00 DA5130 .170 Salary Laborers

General Fund

To From

Code Description Amount Code Description

A1330.139 Salary Clerk P-T Receiver $ 150.00 A1990.480 Contingent

A1330.450 Publishing, Tax Receiver 100.00 A1990.480 Contingent

A1355.139 Salary, P-T Assessor's Office 2,700.00 A1990.480 Contingent

A1410.102 Salary, Deputy Town Clerk 200.00 A1990.480 Contingent

A1410.460 Coding of Ordinances 600.00 A1990.480 Contingent

A1440.413 Travel and Conference, Eng. 50.00 A1990.480 Contingent

A1620.421 Electric, Town Hall & Annex 800.00 A1990.480 Contingent

3120.100 Salary of Police 2,000.00 A9015.811 Police Retirement

3120.100 Salary of Police 13,000.00 A9010.810 Regular Retirement

3120.139 Salary of Clerical, Police 50.00 A1990.480 Contingent

3120.159 Salary of Crossing Guards 1,600.00 A1990.480 Contingent

3120.443 Equipment Repairs 4,000.00 A3120.475 Gasoline, Police Dept.

A3510.102 Salary of Assist. Dog Cont. Off. 4,000.00 A1990.480 Contingent

A3510.445 Vehicle Malt., Dog Control 100.00 A3510.446 Hospital Care, Dog Control

A7020.420 Telephone, Recreation Bldg. 200.00 A1990.480 Contingent

A7020.421 Electric, Recreation Bldg. 300.00 A1990.480 Contingent

A7020.422 Gas, Recreation Bldg. 400.00 A1990.480 Contingent A7020.449 Arts 6 Culture, Recreation Bldg. .01 A7020.480 Supplies, Rec. Dept.

A7020.463 Transportation, Rec. Dept. 1.82 A7020.478 Rentals, Rec. Dept.

A7020.481 Armor Athletic Assoc. 360.00 A7020.478 Rentals, Rec. Dept.

A7110.420 Telephone, Parks & Grounds 200.00 A1990.480 Contingent

A7110.421 Electric, Parks 6 Grounds 2,000.00 A1990.480 Contingent

A7110.422 Gas, Parks & Grounds 300.00 A1990.480 Contingent

A7110.446 Small Equipment Repairs 700.00 A1990.480 Contingent

A7110.451 Park Building 200.00 A1990.480 Contingent

A8730.413 Travel 6 Conference Adv.

Cncl. 220.00 A1990.480 Contingent

Federal Revenue Sharing Fund

CF8560.418 Tree Acquisition $ 800.00 CF8560.417 Beautification

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

Councilman Diggins reported on the item from the Conservation Board minutes of 12/11/84 directed to the Town Board's attention - dumping and filling behind property west of Taylor Rd. across from 84 Lumber. The Building Inspector stated they are aware of the problem and are watching the situation.

Highway Superintendent reported the Chamber of Commerce will have the Annual Ball dropping to welcome in the New Year 1985 at the base of the water tower next to the Orchard Park Fire Hall at midnight 12/31/84. Everyone is welcome!

Councilman Curley reported, the work on the new Arts Pavillion is progressing very well. Hopefully, wiring, cement work, seeding and blacktop shall be completed in the very near future. Many concerts etc. are planned for the summer.

6) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to approve all entries on Warrant #22 following auditing by members of the Town Board and in the funds indicated:

WARRANT #22

GENERAL FUND $82,105.26

PART TOWN FUND 4,191.70

FEDERAL REVENUE SHARING FUND 7,541.88

HIGHWAY FUND 30,236.33

SPECIAL DISTRICTS FUND 81,681.60

TRUST & AGENCY FUND 28,563.67

CAPITAL FUND (S.S. #18) 500.00

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

7) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT:

RESOLVED that the Town Board be and is hereby authorized to schedule the Organization Meeting of the Town of Orchard Park on Wednesday January 2, 1985 at 7:00 P.M. EST.

E. B. Woodard Aye

J. J. Diggins Aye

D. J. Mill Nay

D. P. Curley Aye

J. J. Mills Nay

THE RESOLUTION WAS DULY ADOPTED.

PUBLIC HEARING

At 8:15 P.M. EST, the advertised time, the Supervisor called for the Public Hearing to hear all interested parties or citizens for or against the adoption of an amendment to the Zoning Ordinance of the Town of Orchard Park, which amendment provides as follows:

13—83(A)(9) [Adjacent Property) OFF PREMISES SIGNS

Where it is not practical [for reasons of) to obtain necessary visibility [to place) from an identification sign on the premises, the Town Board may, upon recommendation of the Planning Board, grant permission to erect [a sign (which is otherwise permitted by this Chapter) on adjacent property) an off premises identification sign provided that:

(a) I. that the applicant has demonstrated a need for such off premises identification sign(s) in order to alleviate a practical difficulty for the general public to locate and identify the applicants place of business; and,

7. that the proposed off premises identification sign(s)

represents the most efficient use of *image under the circumstances. For any group of businesses similarly disadvantaged by a difficulty of the general public to locate and identify their premises. a single off premises identification sign common to all such businesses shall be deemed the most efficient use of such signage as opposed to separate off premises

identification sins for each such business: and,,

3. that the proposed identification sign(s) is harmonious with

its surroundings under the circumstances presented.

(b) Notwithstanding any other provisions stated in this subsection,:

1. The text of all such off Promises identification sign(s).

shall be permanent in nature; and.

2. The primary purpose of such off premises identification sign(s) shall be to assist the general public in locating and identifying such businesses as opposed to advertising the nature of such business' goods, wares, merchandise. or services: and.

3. The proposed off premises identification sign(s) is otherwise permitted by this Chapter.

(c) Should it be determined that an application is prompted by economic factors rather than difficulty of the general public to locate and identify the applicants' place of business. or that any hardship is,

self-inflicted. the-application shall be denied.

(d) The provisions of this subsection Shall be strictly construed.

[deleted from existing statute]

Affidavits of Publication and Posting of the Legal Notice of the Public Hearing were presented, read aloud and filed with the Town Board by the Town Clerk. The affidavit is entered into and attached to these minutes.

OPPONENTS

Ronald Geitter Superintendent of Highways

OPPONENTS

No one spoke.

8) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN CURLEY, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN DIGGINS, TO WIT:

RESOLVED that the Public Hearing in the matter of an amendment to the Zoning Ordinance re; Off Premises Signs 13-83 (A)(9) be and is hereby closed at 8:17 P.M. EST.

THE RESOLUTION WAS UNANIMOUSLY ADOPTED.

9) THE FOLLOWING RESOLUTION WAS OFFERED BY COUNCILMAN DIGGINS, WHO MOVED ITS ADOPTION, SECONDED BY COUNCILMAN CURLEY, TO WIT;

WHEREAS, following due and timely notice, s public hearing relating to the matter of the adoption of an amendment to the Zoning Ordinance of the Town of Orchard Park Section 13=83 (A) (9) Adjacent Property - Off Premises Signs, was conducted at the Municipal Building, S4295 South Buffalo Street, Orchard Park, New York on the 19th day of December, 1984 at which all interested parties were given an opportunity to be heard, and

WHEREAS, approval from the Town of Orchard Park Planning. Board was received and filed with the Town Board

NOW, THEREFORE, be it

RESOLVED AND ORDAINED that the Zoning Ordinance of the Town of Orchard Park be and hereby amended as follows:

13-83(A)(9) (Adjacent Property) OFF PREMISES SIGNS

Where it is not practical (for reasons-of) to obtain necessary visibility (to place) from an identification sign on-the premises, the Town Board may, upon recommendation of the Planning Board, grant permission to erect (a sign (which is otherwise permitted by this Chapter) on adjacent property) an off premises identification sign provided that:

business; and

2. that the proposed off premises identification sign(s)

represents the most efficient use of signage under the circumstances. For any group of businesses similarily disadvantaged by a difficulty of the general public to locate and identify their premises. a single off premises identification sign common to all such businesses shall be deemed the most efficient-use of such signage as opposed to separate off premises identification signs for each such business; and,

3. that the proposed identification sign(s) is harmonious with Its surroundings under the circumstances presented.

(b) Notwithstanding any other provisions stated in this subsection:

1. The text of all such off premises identification sign(s) shall be permanent in nature; and,

3. The proposed off premises identification sign(s) is otherwise permitted by this Chapter.

(c) Should it be determined that an application is prompted by economic factors rather than a difficulty of the general public to locate and identify the applicants' place of business, or that any hardship is pelf-inflicted. the application shall be denied.

(d) The provisions of this subsection shall be strictly construed.

[deleted from existing statute]

This Ordinance shall take effect ten (10) days after publication and posting in accordance with law,

and be it further

RESOLVED that the Town Clerk publish and post a copy of said amendment in accordance with Sections 264 and 265 of the Town Law.